Scottish Court of Session Decisions

Counter actions of count and reckoning were raised in the Sheriff-Court of Glasgow, by Pollock, and the predecessor of Mary Scoullar, against each other. After replies and duplies, a proof was allowed, and, an advocation was brought in respect the sum in dispute was above the value of £40. In the advocation a remit was made to an accountant to lead a proof, and to report. He led a proof, and returned a report, against which a note of objections was lodged by the advocator, Mary Scoullar. Parties were ordered to debate on the objections. The advocator failed to appear at the dict for debate, and the Lord Ordinary “decerned in favour of James Pollock, clothier in London, presently or lately residing in Glasgow, for the sum of £500 sterling, against Mary Scoullar;—and allowed an interim-decreet to go out and be extracted therefor, with the expense of extract; and, to the extent of £500, approved of the accountant's report.”

Against this interlocutor, as being an interim-decree in absence, Mary Scoullar presented a reclaiming note, praying the Court to recal the interlocutor and repone her, or to remit to the Lord Ordinary with power to repone. No copy of the accountant's report, and note of objections, or of any paper whatever, was appended to the note. The respondent objected that it was, therefore, incompetent.

The reclaimer answered, that, by § 77, Act of Sederunt, 11th July, 1828, this note was one of those to which it was not necessary to add any appendix; and that, as the Court never decide a question by way of review, view, where the Lord Ordinary has not decided it in the first instance, it would have been incurring useless expense, and putting the Court to unnecessary trouble, to have appended any record or other papers to a note of this description.